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THE CITY OF SAN DIEGO
Report to the Planning Commission
DATE ISSUED: March 23, 2017 REPORT NO. PC-17-027
HEARING DATE: March 30, 2017
SUBJECT: BioLegend - ROW Vacation; Process Five Decision
PROJECT NUMBER: 490921
OWNER/APPLICANT: BioLegend Inc., KentJohnson
SUMMARY
Issue: Should the Planning Commission recommend approval to the City Council of Public Right-of-Way and Easement Vacations located at Terman Court within the Mira Mesa Community Plan area?
Staff Recommendations:
1. Recommend the City Council Approve Public Right-of-Way Vacation No. 1727973; and
2. Recommend the City Council Approve Public Easement Vacation No. 1727974.
Community Planning Group Recommendation: On October 16, 2016, the Mira Mesa Community Planning Group voted unanimously to recommend approval of the project without recommendations or conditions (Attachment 12).
Environmental Review: This project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor Alterations in Land Use Limitations) and is not pending an appeal of the environmental determination . The environmental exemption determination for this project was made on February 10, 2017 and the opportun ity to appeal that determination ended February 27, 2017.
Fiscal Impact Statement: None with this action. All costs associated with the processing of this project are paid from a deposit account maintained by the applicant.
Housing Impact Statement: There are no housing units proposed with this project.
BACKGROUND
The 7.388-acre site is located at 8928 - 8958 Terman Court, northeast of the corner of Carroll Road and Camino Santa Fe, in the IL-2-1 Zone of the Mira Mesa Community Plan area (MMCP). The site
consists of four separate lots surrounding Terman Court, a cul-de-sac, and developed with four, single-tenant commercial and industrial buildings constructed between 1984 and 1986 (Attachments 1 - 3). The site is designated for Industrial Uses and is surrounded by other industrial and office uses within a built, urban environment. Terman Court, the proposed public right-of-way vacation, is classified as a two-lane industrial local street perpendicular to Ca rroll Road, and located approximately 300 feet east of Camino Santa Fe. The street is developed with curb returns, curb ramps, gutters, and sidewalks with landscaping (Attachment 3).
The Terman Court right-of-way was accepted by the City of San Diego in 1984 in conjunction with the development of the four adjacent parcels under separate ownerships (Attachment 14). Currently all parcels are under one ownership, and pursuant San Diego Municipal Code Section 125.0910(b)(2). when a public right-of-way lies within one ownership and does not continue through that ownership or touch the property of another owner, a public right-of-way vacation may be initiated.
DISCUSSION
Project Description:
The project proposes to vacate the Terman Court Public Right-of-Way, vacate a 10-foot-wide drainage easement, and vacate a 24-foot-wide water easement ancillary to Terman Court. If approved, the existing improvements located within those easements would be privatized and an encroachment removal and maintenance agreement recorded where the private drainage system discharges into the public drainage system. Where Terman Court meets Carroll Road, the existing curb returns will be removed and a 30-foot-wide City-standard driveway constructed. As Terman Court is already improved, the vacation will in effect convert Terman Court from a publicly maintained right-of-way into a private drive. To ensure all parcels have access to a street frontage, a parcel map to merge the landlocked parcel at the rear of the development, will be required as a condition of approval. A Private Access Easement Dedication will also be required to maintain access for private utilities currently located in the right-of-way. Additional improvements will include relocating a street light from vacated area to the Carroll Road right-of-way. As Carroll Road is not yet built as a four-lane urban collector in this area, an Irrevocable Offer of Dedication is included in this application.
Community Plan Analysis :
The MMCP does not list Terman Court within its Transportation Element, and therefore the proposed vacation will not affect the land use plan. However, Carroll Road, the street perpendicular to the proposed public right-of-way vacation, is classified as a four-lane collector urban street in the MMCP and is currently a 70-foot-wide two-lane roadway with center turning lane. Per the City's Street Design Manual, a four-lane collector width measures 110 feet. The Irrevocable Offer of Dedication proposed by the app licant assures land necessary for the future Carroll Road expansion and would meet the recommendations of the MMCP.
Project-Related Issues:
Public Right-of-Way Vacation- Terman Court is an improved cul-de-sac constructed in 1984-86 as part of the developments noted above. The four parcels surrounding the Right-of-Way are under one ownership, Biolegend Inc. Terman Court terminates at a cul-de-sac, no easement for road
- 2 -
purposes extend beyond its current terminus, and there are no future plans to extend it farther. If approved, Terman Court and the cul-de-sac will be vacated and the existing improvements converted to a private drive. The public access point to the four parcels wi ll be moved from the culde-sac to Ca rroll Road by replacing the curb returns at that intersection with a City standa rd driveway. These changes are reflected by conditions of approval written into the resolutions prepared for the project.
Easement Vacations- The four parcels surrounding Terman Court contain a 24-foot-wide water easement and a 10-foot-wide drainage easement that were reserved by the City for access to public facilities. These easements were created ancillary to the right-of-way as part of the original developments and cul-de-sac. The proposed vacation of Terman Court will require privatization of these facilities and the vacation of these easements, as the need for the City to provide services at these easements will no longer be required. The City's responsibility to maintain public services will be effectively moved to Carroll Road, and the maintenance of the privatized facilities transferred to the owner. Where these privatiz·ed facilities discharge into City public services, Encroachment Maintenance and Removal Agreements will be recorded and enforced.
Conclusion :
Staff has analyzed the project and determined that the public right-of-way at Terman Court is no longer needed for its original purpose of providing a public street to the surrounding parcels. Staff finds the project consistent with the recommended land use, design guidelines, and development standards in effect for this site pursuant the adopted Mira Mesa Community Plan and Land Development Code.
ALTERNATIVES
1. Recommend the City Council Approve Public Right-of-Way Vacation No. 1727973 and Public Easement Vacation No. 1727974, with modifications.
2. Recommend the City Council Deny Public Right-of-Way Vacation No. 1727973 and Public Easement Vacation No. 1727974, if the findings required to approve the project cannot be affirmed.
Respectfully submitted,
irector Development Services Department
LOWE/FM
Attachments:
- 3 -
1. Project Location Map 2. Aerial Photograph 3. Community Plan Land Use Map 4. Project Data Sheet 5. Draft Public Right-of-Way Resolution with Findings 6. Draft Public Easement Vacation Resolution with Findings 7. Environmental Exemption 8. Exhibit A - Legal Description Public Street Easement Vacation 9. Exhibit A - Legal Descr iption Irrevocable Offer of Dedication 10. Exhibit B - Public Street, Water, and Drainage Easement Vacations 11 . Exhibit B - Irrevocable Offer of Dedication 12. Community Planning Group Recommendation 13. Ownership Disclosure Statement 14. Resolution Granting Right-of-Way to the City of San Diego 1984
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ATTACHMENT 4
PROJECT DATA SHEET PROJECT NAME: Biolegend ROW Vacation
PROJECT DESCRIPTION: Vacate Terman Court Cul-De-Sac
COMMUNITY PLAN AREA: Mira Mesa
DISCRETIONARY ACTIONS: Public Right Of Way Vacation and Easement Vacation
COMMUNITY PLAN LAND Industrial
USE DESIGNATION:
ZONING INFORMATION: (no construction proposed)
ZONE: IL-2-1 (light industrial, office, and limited commercial) HEIGHT LIMIT: None
LOT SIZE: Min 15,000 (No Max) FLOOR AREA RATIO: 2.0
FRONT SETBACK: 15 feet STREET SETBACK: 20 feet
SIDE SETBACK: 10 feet REAR SETBACK: 15 feet
ADJACENT PROPERTIES: LAND USE DESIGNATION & EXISTING LAND USE
ZONE
NORTH: IL-2-1 Indust rial ; Office Building
SOUTH: I L-2-1 Industrial; Materials Handling
EAST: IL-2-1 Industrial; Pharmaceuticals
WEST: IL-2-1 Industrial; Light Industrial Building
DEVIATION REQUESTED: None
COMMUNITY PLANNING On October 17, 2016, the Mira Mesa Community Planning Group voted GROUP unanimously to recommend approval of the project without RECOMMENDATION: recommendations or conditions.
RESOLUTION NUMBER R-_____ _
DATE OF FINAL PASSAGE _____ _
ATTACHMENT 5 (R-[Reso Code])
A RESOLUTION VACATING TERMAN COURT (RIGHT-OF-WAY VACATION NO. 1727973) BIOLEGEND ROWV - PROJECT NO. 490921.
WHEREAS, California Streets and Highways Code section 8320 et seq. and San Diego
Municipal Code section 125.0901 et seq. provide a procedure for the vacation of public rights-of-way
by City Council resolution; and
WHEREAS, BIOLEGEND, INC., a California corporation, filed an application to vacate Terman
Court, being described as Right-of-Way Vacation No. 1727973; and
WHEREAS, Right-of-Way Vacation No. 1727973 is located on property owned by BIOLEGEND
INC., a California corporation; and
WHEREAS, under Charter Section 280(a)(2), this resolution is not subject to veto by the Mayor
because this matter requires the City Council to act as a quasi-judicial body, a public hearing was
required by law implicating due process rights of individuals affected by the decision, and the
Council was required by law to consider evidence at the hearing and to make legal findings based on
the evidence presented; and
WHEREAS, the matter was set for public hearing on _______ , testimony having
been heard, evidence having been submitted, and the City Council having fully considered the
matter and being fully advised concerning the same; NOW, THEREFORE,
BE IT RESOLVED, by the Council of the City of San Diego, that with respect to Right-of-Way
Vacation No. 1727973, the Council finds that
Page 1 of 4
ATTACHMENT 5 (R-[Reso Code])
(a) There is no present or prospective public use for the public right-of-way, either for the facility for which it was originally acquired or for any other public use of a like nature that can be anticipated.
The Terman Court right-of-way was acquired by the City of San Diego in 1984 in conjunction with the development of the four adjacent parcels under separate ownerships. Currently all parcels are under one ownership, and pursuant San Diego Municipal Code Section 125.091 O(b)(2), when a public right-of-way lies within one ownership and does not continue through that ownership or touch the property of another owner, a right-of-way vacation may be initiated. Public access to the four parcels is currently taken at the cul-de-sac of Terman Court. Terman Court terminates at a cul-de-sac, does not continue through the project site, no easement for road purposes extends beyond its current terminus, and there are no future plans to extend it farther. The vacation of Terman Court would replace the public access point to the four parcels from the cul-de-sac to the proposed driveway entrance at Carroll Road, the nearest public road. As public access will be provided from Carroll Road, there would be no present or prospective public use for the Terman Court right-of-way, either for the facility for which it was originally acquired or for any other public use of a like nature that can be anticipated.
(b) The public will benefit from the action through improved use of the land made available by the vacation.
All parcels surrounding the easements are now under one ownership. The Terman Court right-ofway will be vacated and access to the four parcels provided by a private drive, and all ancillary utility and maintenance responsibilities transferred to the owner. The vacation would reduce the operational expenses to the City, and the release of the land to the owner would improve its utilization by increasing the allowable development under the Industrial Land Use as recommended in the community plan. The increase in allowable development may also provide additional services to the public. Therefore, the public will benefit from the vacation through the improved use of the land made available by the vacation.
(c) The vacation does not adversely affect any applicable land use plan.
The Mira Mesa Community Plan does not list Terman Court within its Transportation Element, and therefore the proposed vacation would not affect the land use plan. However, Carroll Road, the street perpendicular to the proposed public right-of-way vacation, is classified as a four-lane collector street in the community plan and is currently a 70-foot-wide two-lane roadway with center turning lane. Per the City's Street Design Manual, a four-lane collector width measures 110 feet. The Irrevocable Offer of Dedication proposed by the applicant assures land necessary for the future Carroll Road expansion and meets the recommendations of the community plan. Therefore, the vacation does not adversely affect any applicable land use plan.
(d) The public facility for which the public right-of-way was originally acquired will not be detrimentally affected by the vacation.
The Terman Court right-of-way was created for access to four adjacent parcels under separate ownerships, which contain public water, and drainage facilities with ancillary easements necessary for all parcels connected to Terman Court to access those services. Vacating Terman Court would require privatizing those facilities and vacating the existing easements, with maintenance responsibilities transferred to the owner. Where privately maintained facilities connect to or discharge into public facilities, an Encroachment Maintenance and Removal Agreement would be recorded and enforced. Therefore, public facilities would not be detrimentally affected by the vacation.
Page 2 of 4
ATTACHMENT 5 (R-[Reso Code])
BE IT FURTHER RESOLVED, that Right-of-Way Vacation No. 1727973, in connection with
Easement Vacation No. 1727974, as more particularly described in the legal description marked as
Exhib it "A" and shown on Drawing No. 39490-B, marked as Exhibit "B," which are by this reference
incorporated herein and made a part hereof, is ordered vacated subject to the following conditions
which are made a part of this resolution :
1. Prior to recordation of the Right-of-Way Vacation Exhibits, the applicant shall obtain a
Construction Permit to construct a clean out per City standard on the existing storm
drain line at the most northerly portion of Lot 3.
2. Prior to recordation of Right-of-Way Vacation Exhibits, a Private Access Easement must
be recorded to secure access for private utilities located within the vacated public right-
of-way.
3. Prior to recordation of the Right-of-Way Vacation Exhibits, the applicant must obtain an
Encroachment and Maintenance Removal Agreement (EMRA) for connecting the private
discharge to the public drainage system.
4. Prior to recordation of Right-of-Way Vacation Exhibits, the appl icant must obtain a
Construction Permit to relocate the existing street light from the corner of Carrol Road
and Terman Court to the Carrol Road Right-of-Way.
5. Prior to recordation of Right-of-Way Vacation Exhibits, the applicant must obtain a
Construction Permit to remove the existing street light from the Terman Court cul-de-sac
to the satisfaction of the City Engineer.
6. Prior to the recordation of the Right-of-Way Vacation Exhibits, the applicant shall assure,
by Construction permit and bond, the construction of a new 30-foot-wide driveway per
current City Standards, on Carrol Road to replace the existing Terman Court curb return.
Page 3 of 4
ATTACHMENT 5 (R-[Reso Code])
BE IT FURTHER RESOLVED, that the Development Services Department shall record a
certified copy of this resolution with attached exhibits, attested by the City Clerk under seal, in the
Office of the County Recorder.
APPROVED: Mara W. Elliott, City Attorney
By [Attorney] Deputy City Attorney
[In iti a Is]: [In itia Is] [M onth]/[Day]/[Yea r] Or.Dept:[Dept] Document No:
Page 4 of 4
RESOLUTION NUMBER R-_____ _
DATE OF FINAL PASSAGE _____ _
A RESOLUTION VACATING PUBLIC WATER AND DRAINAGE EASEMENTS (BIOLEGEND ROW VACATION, EASEMENT VACATION NO. 1727974 - PROJECT NO. 490921 ).
ATTACHMENT 6 (R-[Reso Code])
WHEREAS, California Streets and Highways Code section 8320 et seq. and San Diego
Municipal Code section 125.1001 et seq. provide a procedure for the vacation of public service
easements by City Council resolution; and
WHEREAS, BioLegend, Inc., a California corporation, filed an application to vacate a 24-foot-
wide public water and a 10-foot-wide drainage easements; being described as Easement Vacation
No. 1727974; and
WHEREAS, Easement Vacation No. 1727974 is located on property owned by BioLegend, Inc.,
a California corporat ion; and
WHEREAS, under Charter Section 280(a)(2), this resolution is not subject to veto by the Mayor
because this matter requires the City Council to act as a quasi-judicial body, a public hearing was
required by law implicating due process rights of individuals affected by the decision, and the
Council was required by law to consider evidence at the hearing and to make legal findings based on
the evidence presented; and
WHEREAS, the matter was set for public hearing on ________ , testimony having
been heard, evidence having been submitted, and the City Council having fully considered the
matter and being fully advised concerning the same; NOW, THEREFORE,
BE IT RESOLVED, by the Council of the City of San Diego, that with respect to Easement
Vacation No. 1727974, the Council finds that
Page 1 of 3
ATTACHMENT 6 (R-[Reso Code])
(a} There is no present or prospective public use for the easement, either for the facility or purpose for which it was originally acquired, or for any other public use of a like nature that can be anticipated.
The development surrounding Terman Court contains easements created ancillary to the existing right-of-way as a result of development of four commercial buildings on four parcels under separate ownership for the City to provide public services. The proposed vacation of the Terman Court rightof-way will require privatization of the present facilities and the vacation of these easements, as the need for the City to provide service and maintenance of these facilities within these easements would no longer be required from the vacated area . The City's responsibil ity to maintain public services or infrastructure would end at the intersection of Terman Court and Carroll Road, and the maintenance of the privatized facilities transferred to the owner. Where these privatized facilities discharge into City public facilities, Encroachment Maintenance and Removal Agreements will be recorded and enforced. As the City would no longer need access to the privatized facilities, there is no present or prospective public use for the easement, either for the facility or purpose for which it was originally acquired, or for any other public use of a like nature that can be anticipated.
(b} The public will benefit from the action through improved utilization of the land made available by the vacation.
The City reserved the easements as a result of development of four commercial buildings on four parcels under separate ownership. All parcels surrounding the easements are now under one ownership, and the applicant is requesting to vacate the Terman Court right-of-way and the ancilla ry easements connected to the cul-de-sac. The easements and public facilities would be privatized with maintenance responsibility transferred from the City to the owner. The removal of the easements would reduce the operational expenses of the City, and the release of the land to the owner would improve its utilization by increasing the allowable development under the Industrial Land Use recommendation of the community plan. The increase in allowable development may provide additional services to the public. Therefore, the public will benefit from the action through improved utilization of the land made available by the vacation .
(c} The vacation is consistent with any applicable land use plan.
The Mira Mesa Community Plan designates the site for industrial development and does not identify any proposed utility for the requested easement vacation area, therefore the vacation of the easement would be consistent with the land use plan. The development originally required public water and drainage facilities with easements necessary for all parcels connected to Terman Court to access those public services. As the vacation of Terman Court would require the privatization of facilities and vacation of easements, the action would allow additional development of the site under the industrial land use designation and is therefore consistent with the goals and policies of the General Plan and t he Community Plan.
(d} The public facility or purpose for which the easement was originally acquired will not be detrimentally affected by the vacation or the purpose for which the easement was acquired no longer exists.
The proposed vacation of Terman Cou rt would require privatization of the ancillary public facilities and the vacation of the present easements. These easements were acqui red by the City for access to public facilities, service, or maintenance. The City's responsibility to maintain public services or infrastructure would end at the intersection of Terman Court and Carroll Road, and the maintenance of the privatized facilities t ransferred to the owner. The need for the City to provide access, service,
Page 2 of 3
ATTACHMENT 6 (R-[Reso Code])
and maintenance for these easements would no longer be required, therefore the purpose for which the easements were originally acquired would no longer exist.
BE IT FURTHER RESOLVED, that Easement Vacation No. 1727974, as more particularly
described in the legal description marked as Exhibit "A" and shown on Drawing No. 39490-1-B,
marked as Exhibit "B," which are by this reference incorporated herein and made a part hereof, is
ordered vacated subject to the following condition(s) which are made a part of this resolution:
1. Prior to the recordation of the Right-of-Way and Easement Vacation Resolution, the
applicant shall assure, by Construction permit, bond, and the As-Built Drawings, the
abandonment or privatization of all public water facilities, in a manner satisfactory to the
Director of Public Utilities and the City Engineer.
BE IT FURTHER RESOLVED, that the Development Services Department shall record a
certified copy of this resolution with attached exhibits, attested by the City Clerk under seal, in the
Office of the County Recorder.
APPROVED: Mara W. Elliott, City Attorney
By [Attorney] Deputy City Attorney
[In iti a Is]: [In itia Is] [Mo nth]/[Day]/[Yea r] Or. Dept:[Dept] Document No.
Page 3 of 3
ATTACHMENT 7 NOTICE OF EXEMPTION
(Ch eck one or both)
TO: _ x__ Recorder/County Clerk FROM: City of San Diego
P.O. Box 1750, MS A-33 1600 Pacific Hwy, Room 260 San Diego, CA 92101 -2400
Office of Planning and Research
1400 Tent h Street, Room 121 Sacramento, CA 95814
Project Name: BIOLEGEND ROWV/EV
Development Services Department 1222 First Avenue, MS 501 San Diego, CA 92101
Project No. I SCH No.: 490921
Project Location-Specific: 8928-8958 Terman Ct San Diego, CA 92121
Project Location-City/County: San Diego/San Diego
Description of nature and purpose of the Project: Public Right of Way Vacation to vacate Terman Ct., Public Easement Vacation of existing 1 O' wide drainage easement and 24' wide water easement and Access Easement Dedicati on within portions of 8928-8958 Terman Ct., legally described as Parce ls 1-4 of Parcel Map 13198. The 7.388 acre site is fully developed in an urbanized area with an office park use, in the IL-2-1 zone with in the Mira Mesa Community Plan Area, Council District 6.
Name of Public Agency Approving Project: City of San Diego
Name of Person or Agency Carrying Out Project: Kent Johnson, 7 Petalcup Place. Woodlands. TX 77381 , 858-488-3465
Exempt Status: (CHECK ONE) ( ) M inisterial (Sec. 21080(b)(1 ); 15268); ( ) Declared Emergency (Sec. 21080(b)(3); 15269(a)); ( ) Emergency Project (Sec. 21080(b)( 4); 15269 (b)(c)) ( x) Categorical Exemption: 15305 (Minor Alterations in Land Use Limitations) ( ) Statutory Exemptions:
Reasons why project is exempt: The City of San Diego det ermined that the project would qualify to be categorically exempt from CEQA pursuant to Section 15305 (Minor Alterations in Land Use Limitations) which allows minor alterations in land use limitations in areas with an average slope of less than 20% and which do not result in any changes in land use or dens ity. Fu rthermore, the exceptions listed in CEQA Section 15300.2 would not apply in that no cumulative impacts were indent ified; no significant effects on the environmental were indentified; the project is not adjacent to a scenic highway; nor is the project ident ified on a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code.
Lead Agency Contact Person: Courtney Holowach Telephone: (619) 446-5187
If filed by applicant: 1. Attach cert ifi ed document of exempt ion finding. 2. Has a notice of exemption been fi led by the publ ic agency approv ing the project? ( ) Yes ( ) No
It is hereby certified tha t the City of San Diego has determined t he above activ ity to be exe mpt from CEQA
Revised May 201 6
Check One: (X) Signed By Lead Agency ( ) Signed by Applicant
Revised May 2016
ATTACHMENT 7
2/27-)2-ol:Z Date { {
Date Received for Filing with County Clerk or OPR:
J.N. 1349.40
EXHIBIT "A" LEGAL DESCRIPTION
PUBLIC STREET EASEMENT VACATION
ATTACHMENT 8
ALL THAT DRAINAGE EASEMENT AND WATER EASEMENT GRANTED TO THE CITY OF SAN DIEGO ON PARCEL MAP NO. 13198, LOCATED WITHIN:
PORTIONS OF PARCELS 1, 2, 3 AND 4 OF PARCEL MAP NO. 13198, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, FEBRUARY 29, 1984 AS INSTRUMENT NO. 84-074333 OF OFFICIAL RECORDS, TOGETHER WITH TERMAN COURT, AS SAID TERMAN COURT IS DEDICATED PER CITY OF SAN DIEGO RESOLUTION NO. 260190 ADOPTED FEB URA RY 27, 1984, VACATED.
ATTACHED HERETO IS A DRAWING NO. 39490-B LABELED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.
FILE: PTS 490921 LO. NO. 24006720
J.N. 1349.40 EXHIBIT "A"
LEGAL DESCRIPTION
ATTACHMENT 9
IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC STREET PURPOSES
THAT PORTION OF PARCELS 1AND4 OF PARCEL MAP NO. 13198, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 29, 1984 AS INSTRUMENT NO. 84-074333 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 4 OF PARCEL MAP NO. 13198, SAID POINT ALSO LYING ON A 1451.10 FOOT RADIUS CURVE, CONCAVE WESTERLY, A LINE RADIAL TO SAID POINT BEARING NORTH 83°08'47" EAST; THENCE ALONG THE WESTERLY SIDE OF SAID PARCEL 4 AND THE ARC OF SAID CURVE
1. SOUTHERLY 173 .56 FEET THROUGH A CENTRAL ANGLE OF 6°51' 13" THENCE ALONG THE WESTERLY SIDE OF PARCEL 4; THENCE
2. SOUTH 00°00'3 8" WEST 174.86 FEET; TO THE TRUE POINT OF BEGINNING THENCE
3. SOUTH 00° 00'38" WEST 30.91 FEET; TO A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE
4. SOUTHEASTERLY 33.04 FEET THROUGH A CENTRAL ANGLE OF 94° 39'51 ";THENCE ALONG THE SOUTHERLY SIDE OF SAID PARCELS 1 AND4;
5. NORTH 85° 20'44" EAST 531.35 FEET; THENCE LEAVING SAID SOUTHERLY SIDE
6. NORTH 04°39' 16" WEST 20.00 FEET; THENCE 7. SOUTH 85° 20'44" WEST 518.87 FEET; TO A TANGENT 30.00 FOOT RADIUS
CURVE, CONCA VE NORTHEASTERLY; THENCE
8. NORTHWESTERLY 49.56 FEET THROUGH A CENTRAL ANGLE OF 94°39'33" TO THE TRUE POINT OF BEGINNING
ATTACHMENT 9
SAID IRREVOCABLE OFFER OF DEDICATION CONTAINS AN AREA OF 11 , 173.93 SF (0 .257 ACRES) MORE OR LESS
A TT ACHED HERETO IS A DRAWING NO. 39764-B LABELED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.
FILE: PTS 490921 I.O. NO. 24006720
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ATTACHMENT 10
LEGEND EASEMfNT OR PUBLIC ROW VACA TCD UZJ PROPERTY UNE - - - -
VICINITY MAP NTS
RESOLUTIO~ No.~. -----------
RECORDED ____________ _
DOCUMENT No. ___________ _
RECORDED_~-----------
PUBLIC STREET EASEMENT, ~ TER EASEMENT & DRAINAGE
DESCRIPTION
ORIGINAL
EASEMENT VACADONS IN PORDONS OF PARCtLS 1 THRU 4 OF PM 13198
SY APPRO
LA.TJ3 C!TY OF SAN DIEGO, CALIFORNIA
DIM:lDPKlllT S!!IMCIS DIPAlmlJ!HT SHEET 1 OF' 1 SHEET
FOR CtTY ENGINEER D~tt
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1 .. 0. uob6120 NO-·-···-··-·-. - ··-P,T$ 490921
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811
Ctln£ UNG1H · NO. (FT) RADIUS 8£ARING
Cl JJ.04'
C2 49.56'
20;00' 94·39•51•
JO.OD' 9!#"J9'JJ"
PARCEL 2 ~Pit/ 1J198
-
ATTACHMENT 11
LEGEND IRRfVOCABLE CfffR ~ DfDICA nON FOR PUBUC S~T PURPOSES ROW UNE
PROPERTY U/!IE
EASEUENT UNE
I / /I
- ..... --P.O.B. INDICA1tS POINT~ BEGINNING
T.P.O.B. IND/CATfS TRUE POINT~ BEQNNING
@ 20' ltlDE IRREVOCABLE CfffR ~ OED/CA nON TO THE CITY ~ SAN DIEGO FOR 7Hf PURPOSES ~ PUBUC STREET lltlPRO'rf:ltiENTS
ASS{SS(lj'S PABW, NUIJBET?S J4J~062-UOO, 34.J-062-2500, J4J-062-2.600, ~J-062-2700
QASlS Of 8fARJNGS / p OB BEARINGS ARE BASED ON THE CAUFORN/A
/ ' · . ' STA 7f PLANE COORDINA 1t SYSTE!tl BJ, ZONE
--J~_jr-~~''·~-:-li"~""'~"'-·i°"·-~41'f;T1·..,~. t ©~-~ '- 6, CCS BJ, EPOOI 1991.JS, AS DETF:Rlt/INED 1 ~ """"" J;J.· ' LOCALLY BY THE UNE BETl'EEN ST1lnONS w I \ 684 AND 682 AS SHOWN ON ROS 14492
lf \ :,,, ,... <:;)11 \ .... I ALEO IN THE Cfl1CE (X' THE RECORDER (X' I.lo. .!!. !. .,, SAN DIEGO COUNTY. UNE GRID BEARING
I +. -.i • BEING NJ279'14"W. AT STA nON 684 THE 'i' ~ ~ ~- "' " I CONVERGENCE ANGLE BEING -0'32'49.866" ' • ~ °l. <:; , ~ND THE COMBINED SCALE FACTOR BEING
<( ~co PARCEL 4 L.:.\-----~0.9999672. BEARINGS SHOtm HEREON ARE t- ) (X' Plrt 1J198 I iN TfRlrtS (X' THE CAUFORNIA COORDINATE: Z < SYSICM BJ, ZONE 6. QUOTED BEARINGS
<( ~ \ \ \ PARCEL 1 ~ FROM REFERENCE 1.tAPS OR DEEDS MAY OR
PRIVATE: ACCESS EASEJ.IENT PIJ 1J198 lilAY NOT BE IN TfRltlS CX' SAID SYSTEM
Cf.) ~§ TO BE Gl?ANTED BY ~ I I" u.. :t: SEPARATE: DOCUlrtENT -, ~ 8.
~~ I \ ~<:::> 2 ;:!'. PUBUC SEllER EASflttENT PER DEED ~ S2
0 1~0 :X - .· .·· . \ \ · RECORDED Ir/ARCH 22, 1974 F ;1' NO. ...., ~
~~ _,r;:: . J• '. 1" ,'r:~~6.e°::'f.~~.R. ~0,- ~~ -
<( LI_/ ' ' " /\.. / J~./.k ~D - . q- --I'· . --- .--.':_/ / ~ .. A 'RR0'.L'·L2 ROA ~ - ~- 1 _ ----v-- .,, cl"\ -------'~ 466) ::::::::::::::: _ - _.__ -=
---- ,_ - (DEDIC'.6'TED PER RS - . -~
VICINITY MAP NTS
&r--~--~-------------::::;;~:::;:::---,r---------------------------.
! /}/~ 11/,f' !. I lq-::~ RESOLUTION No. ____________ _
! tJ/dinr 4t. -: . ...., zt1a1(r.J d '" I . <{. Jf/HN fJ.RDENSOHN LS 5278 047[ ~Ii ~ . .,. .... I u ~~
RECORDED ______________ _
DOCUMENT N:o. __________ ~---
RECORDED _ _____________ _
I IRREVOCABLE OFFER OF DEDICA noN IN PORnONS OF PARCEL 1 AND PARCEL 4 OF PM 13198 i
~ tiJ ~==OE::&CR::1P:~°"'::::::::::av:. :: iAP:PA--·--~~-.. --o-ATE...,.._Fl_LM_ED--r--C-IT_Y_O_F_S_AN __ D_lE_G_O_,_C_A_Ll_F_O_R_N_I_A __ ~-%.-2-40-06-72-0---t ~ ORI.GIN&. LATJJ D!V!LDPME!ft SERVICES DEP.umaNT . I .... _,_,,,, __ ,,_,,,,_._ .. ,,, ...... --+-'~"'--'f----+--!--1 -"""- SHEET 1 OF 1 SHEET ~~ 490921 i -------------+---+-- --- :---1 _ J-___ _::=:..._:.-=._;_...:..:.::::..:... ___ -l~=,;;::90.E· ~==='-62=::;:;_;:;'19;;;;;;;;=1 ' I--------~-----: - --+1---+r ---1 --;;.OR-·<;·;:::;:···ENG-1NE_ER__ ---0-ATE ___ 11--ccs_'e_:s..,.·COCR __ o•_ .... _TE_s-I
it r-- - ---..................... t -·"-'""''""'"'""'ti---ti--r--1---------------1 262- 1719 ·~ LAMBERT ; COORDINATES
I 39764-B ~ L.--~~--~~~~~--~~~~~L:;:;:;:;;;;;:;:;;;;;:;:;;;;;:;:;;;;;:;:;;;;:.J..::;::- ;:;:;;;;;:;:;;;;;:;:;;;;;:;:;;;;;:;:;;;;...L~~~~~..J
ATTACHMENT 12
Mira Mesa Community Planning Group Meeting October 17, 2016
Mira Mesa Public Library
Executive Members Attending Ken Kaplan Jeff Stevens Joe Punsalan Chris Morrow Bruce Brown Marv Miles Joe Frichtel Jon Labaw John Horst Ralph Carolin Julia Schriber Craig Radke Michael Linton Robert Mixon Tom Derr Craig Jackson
Draft Minutes
Call to Order and Quorum Requirements The meeting was called to order at 7:03 PM and a quorum of Executive Members was present.
Modifications to the Agenda: approved
Adoption of Previous Meeting Minutes: approved
Non-Agenda Public Comment • Sean McCormick, Eligibility Specialist from the Family Center of San
Diego, shared information about a Mobile Medical Unit that currently provides services to Mira Mesa homeless and underserved population.
Report of the Chair • CPUC unanimously approved Alternative 5 for SDG&E's 230-kv
Transmission Line project.
• Sorrento Valley sign installation is inconsistent with prior recommendation of the MMCPG. Although no challenge to their erection or placement is
1
ATTACHMENT 12
contemplated , the Chair requested an explanation about the approval process and an evaluation of community liability.
Agenda Items
Old Business • SANDAG Rail Double Tracking Project Update: Todd Ph ilips had
requested time to provide an update, but did not attend the meeting.
New Business • Neighbor First Coalition (NFC) Meeting
Luis Pallera and Mitz Lee extended an open invitation to an NFC's priorities meeting that was scheduled for the following evening at the Senior Citizens Center.
• Moratorium On Proposition 64 Luis Pallera announced a pending proposal for City Council consideration that specifies for a 45-day moratorium on the opening of marijuana-related businesses and personal use of recreational marijuana should Proposition 64 be passed in the November 8th election. The moratorium will provide time to conduct a comprehensive land-use and public safety analysis before the proposition will take effect. This will provide an opportunity for the City Council to modify the proposition if required. The moratorium can be extended .
• Repair of the Miramar Pipeline City Public Works staff provided information regarding future repairs to the Miramar Pipeline located underground in the public right-of-way on Mira Mesa Boulevard during daytime. Strong opposition to daytime repairs was voiced by the Executive Committee because of traffic and commerce issues. Staff said they would check if nighttime work would be a viable alternative. Staff said they would advise the MMCPG about the determination of the request at a future meeting. Note: in a subsequent meeting, Councilmember Cate said he isn't aware of any City bar to nighttime repairs.
• Terman Court Plan to Vacate an Existing Cul-de-sac - Jon Arenz MMCPG support of a plan to vacate a cul-de-sac on Terman Court was requested . Motion to approve passed unanimously.
• 8896 Aquarius Drive Lot Split- Jose Martinez MMCPG support of a plan to split this lot requested for purpose of building two homes on the existing lot. The MMCPG deferred approving th is
2
ATTACHMENT 13
City of San Diego Developm ent Services 1222 First Ave . MS-302 San Diego, CA 92101
r"< c~ o•....,.. O•~ (619) 446-5000
Ownership Disclosure Statement
Approval Type: Check appropriate box for type of approval (s) requested r Neighborhood Use Permit r Coastal Development Permit
I Neighborhood Development Permit J Site Development Permit J Planned Development Permit I Conditional Use Permit r Variance J Tentative Map r Vesting Tentative Map I Map Waiver I Land Use Plan Amendment • [X Other RO\V/Easement VactiJ
Project Title Projecg!£oq2jr B10Legend
Project Address:
Terman Court
Part I -To be completed when property is held by lndividual(s)
_6y_filgning the Qwne[shiQ Qisi;IQSu(e Slatemeot tbe Qwner(sl aclmQwledge !bat ao aQQlication fQ[ a permit, maQ or Qlbe[ matter as ideo!ified above will be filed witb tbe Cit'L Qf Sao DiegQ QO !be subjegt prQpert'L, wi!b lbe iotent to record an encumgrance §gaiost the QroQeffi'. Please list below the owner(s) and tenant(s) (if applicable) of the above referenced property. The list must include the names and addresses of all persons who have an interest in the property, recorded or otherwise, and state the type of property interest (e g .. tenants who will benefit from the permit, all individuals who own the property). A signature is reguired of at least one of the grogert'L owners. Attach additional pages if needed. A signature from the Assistant Executive Director of the San Diego Redevelopment Agency shall be required for all proiect parcels for which a Disposition and Development Agreement (DOA) has been approved I executed by the City Council Note: The applicant is responsible for notifying the Proiect Manager of any changes in ownership during the time the application 1s being processed or considered Changes 1n ownership are to be given to the Project Manager at least thirty days prior to any public hearing on the subject property Failure to provide accurate and current ownership information could result in a delay in the hearing process
Additiona l pages attached l Yes l No
f:lame oi lno1v1ou9l (!ype or pnnlj: !\lame or lno1v1Clual (!ype or pnnll:
I Owner I Tenant/Lessee I Redevelopment Agency I Owner J Tenant/Lessee J Redevelopment Agency
Street ;o;aaress: Street Address·
City/State/Zip : City/State/Zip:
Phone No. Fax No Phone No: Fax No:
Signature · Date: S1gna!ure · Dale:
Name of Individual (type or print): Name of Individual (type or print):
I Owner J Tenant/Lessee I Redevelopment Agency I Owner J Tenant/Lessee I Redevelopment Agency
Street Address. Street Address.
City/State/Zip City/State/Zip
Phone No Fax No· Phone No: Fax No·
Signature Date Signature Date·
Printed on recycled paper Visit our web site at www.sandiego gov/devel@ment-services Upon request , this information 1s available 1n alternative formats for persons with disabilities
DS-318 (5-05)
I
ATTACHMENT 13
Project Title: Project No. (For City Use Only)
Part II ·To be completed when property is held by a corporation or partnership
Legal Status (please check):
Rcorporation rx Limited Liability -or- I General) What State? CA \Partnership
Corporate Identification No. E-(<o q. (~ 1.
fu signing the Ownership Disclosure Statement the owner(s) acknowledge that an application for a permit. map or other matter. as identified above. will be filed with the City of San Diego on the subject property with the intent to record an encumbrance against ~ .. Please list below the names, titles and addresses of all persons who have an interest in the property, recorded or otherwise. and state the type of property interest (e g., tenants who will benefit from the permit, all corporate officers , and all partners in a partnership who own the property) . A signature is required of at least one of the corporate officers or partners who own the ~· Attach additional pages if needed. Note: The applicant 1s responsible for notifying the Project Manager of any changes in ownersh ip during the time the application is being processed or considered. Changes in ownership are to be given to the Project Manager at least thirty days prior to any public hearing on the subject property. Failure to provide accurate and current ownership information could result in a delay in the hearing process . Additional pages attached \ Yes I No
Corporate/Partnership Name (type or print): BioLegend, Inc.
[X Owner r Tenanlilessee
Street Address: 9727 Pacific Heights Blvd. City/State/Zip: San Diego, CA 92121 Phone No: Fax No: (858) 455-9588
Name of Corporate Officer/Partner (type or print) · Kent Johnson
Title (type or print )·
Corporate/Partnership Name (type or print):
r Owner r Tenanl/Lessee
Street Address:
City/State/Zip·
Phone No: Fax No·
Name of Corporate Officer/Partner (type or print)·
Title (type or print):
Signature U};-fz; Date:fJA0f {t; 'C{J(6: s=1g=n=a=tu=re===========D=a=te======
Corporate/Partnership Name (type or print): Corporate/Partnership Name (type or print):
r Owner r Tenant/Lessee r Owner r Tenant/Lessee
Street Address· Street Address·
City/State/Zip: City/State/Zip:
Phone No: Fax No. Phone No: Fax No·
Name of Corporate Officer/Partner (type or print): Name of Corporate Officer/Partner (type or print):
Title (type or print)· Title (type or print )·
Signature Date · Signature Date:
Corporate/Partnership Name (type or print): Corporate/Partnership Name (type or print):
r Owner r Tenant/Lessee r Owner r Tenant/Lessee
Street Address : Street Address ·
City/State/Zip City/State/Zip
Phone No >'ax No Phone No Fax No
Name of Corporate Officer/Partner (type or pnnt) · Name of Corporate Officer/Partner (type or prin t)
Title (type or print )· Title (type or print)·
Signature Date· Signature Date·
.. ··
-, .
RESOLUTION NUMBER R- 260190 Adopted on FE 8 2 '7 ~1984
ATTACHMENT 14
(R-84-1375)
BE IT RESOLVED, by the Council of The City of San Diego as
follows:
That the acceptance by the City Manager of those street and
water easement deeds of CROW-W 1, a California limited
partnership, and W/C JOINT VENTURE, a general partnership,
executed in favor of The City of San Diego, bearing dates of
January 25 and February 2, 1984, respectively, copies of which
deeds are on file in the Office of the City Clerk as Documents
No. RR- 260190 -/ and RR- 260190-"-, granting to said
City easements for public street and water purposes in a portion
of Parcel 1 of Parcel Map No. 5745 and a portion of Parcel 3 of
Parcel Map No. 12403, as more particularly described in said
deeds, be, and the same is hereby approved; and the land therein
conveyed for a public street is hereby dedicated as and for a
public street, and the same is hereby named TERMAN COURT.
That the City Clerk shall cause the deeds and a certified
copy of this resolution, attested by him under seal, to be
recorded in the office of the County Recorder.
APPROVED: John W. Witt, City Attorney
By
HOV: ps: 2 21. 2 2/14/84 Or.Dept:E&D TM & W0-830583 16025-B Form=r.deedr
puty
PAGE 1 OF 1
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Passed and adopted by the Council of The City of San Diego on ................. FE.B ... 2.7J9.8.4 ................ .., ........ , by the following vote:
Councilmen Yeas Nays Not Present Ineligible
Bill Mitchell rn 0 0 0 Bill Cleator [16 0 0 0 Gloria McColl ct1 0 0 0 William Jones IB 0 0 0 Ed Struiksma 0 0 0 0 Mike Gotch [Il 0 0 0 Dick Murphy ur 0 0 0 Uvalde Martinez m 0 0 0 Mayor Roger Hedgecock ~ 0 0 0
AUTHENTICATED BY:
(Seal)
CC·t271 IREV. 6-83)
ROGER HEDGECOCK .............. i:i.iiYCi·r·c;r··Tiiii .. C"it"Y·c;·r·siiii··o1·£;iia:··c:iiiICCimiii·:······· .... ·-·
CHARLES G. ABDELNOUR ···········cffy·c·i01k:·Cii.T"iiitei:G·;;·r·siiii .. nie.iia:··c:iii'ii'oiiiiii .. :···· ......
Orflce or the City Clerk, San Diego, Ca ifornia
ResolutloiQ 260190 FEB 2 '7 1984 Number .~-:. ..................... : .... ~........... Adopted ...... .............. .... ......................... _ .
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